State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-34_1

§42‑34.1.  Rent pending execution of judgment; post bond pending appeal.

(a)        If the judgment indistrict court is against the defendant appellant and the defendant appellantdoes not appeal the judgment, the defendant appellant shall pay rent to theplaintiff for the time the defendant appellant remains in possession of thepremises after the judgment is given. Rent shall be prorated if the judgment isexecuted before the day rent would become due under the terms of the lease. Theclerk of court shall disperse any rent in arrears paid by the defendantappellant in accordance with a stipulation executed by all parties or, if thereis no stipulation, in accordance with the judge's order.

(b)        If the judgment indistrict court is against the defendant appellant and the defendant appellantappeals the judgment, it shall be sufficient to stay execution of the judgmentif the defendant appellant posts a bond as provided in G.S. 42‑34(b). Ifthe defendant appellant fails to perfect the appeal or the appellate court upholdsthe judgment of the district court, the execution of the judgment shallproceed. The clerk of court shall not disperse any rent in arrears paid by thedefendant appellant until all appeals have been resolved. (1998‑125,s. 2.)